HomeMy WebLinkAboutOrdinance No. 02-2012 1
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i ORDINANCE NO. 02-2012
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1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
SPECIAL EXCEPTIONS FOR ALCOHOLIC BEVERAGES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 110 -171 of the City Code sets forth the operating terms and conditions
under which establishments may dispense, sell, serve, or store alcoholic beverages, or permit
consumption of alcoholic beverages on the premises within the City of Cape Canaveral; and
WHEREAS, the City Council desires to amend certain provisions of the City Code to
exempt restaurants and hotels from the provisions of section 110 -171; and
WHEREAS, the City Council finds that the sale and consumption of alcoholic beverages
on the premises of an establishment that constitutes a nuisance due to chronic violations of law is
1 adverse to the public health, safety and welfare; and
WHEREAS, the City's Planning & Zoning Board has analyzed and discussed the City's
ordinances regarding special exceptions for establishments serving alcoholic beverages and
recommends approval of this Ordinance to the City Council; and
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1 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
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BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
1 County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
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City of Cape Canaveral
Ordinance No. 02 -2012
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st,ikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
' CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
I Sec. 110 -1. Definitions.
1 The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* **
Restaurant means any building or structure or portion thereof in which food is prepared and
served for pay to any person not residing on the premises and which, at all times, derives not less
than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold
and consumed on the premises (such percentage shall be determined by calculating the average
monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately
1 previous 12 -month period).
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1 ARTICLE IV. SPECIAL EXCEPTIONS
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DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110 -171. Establishments serving alcoholic beverages.
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sl (a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which di
sell, vi,, t.,,., u, permit consumption on the premises of alcoholic beverages with the
1 exception of restaurants and hotels. In consideration of a special exception application, the
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board of adjustment shall not approve the application unless it is totally consistent with all
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the conditions as set forth in this section and also the following:
(1) The establishment shall not be permitted to locate-
(A) Within 300 feet of any existing church, school grounds or
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i Ordinance No. 02 -2012
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I playgrounds nor shall a church, school or playground be permitted to locate
within 300 feet of any existing establishment which di3p iics, sclls, scrv,
stu,CS 01 permits the on- premises consumption of alcoholic beverages, with
1 the exception of restaurants, hotels, and chapters or incorporated clubs or
veteran's fraternal organizations conforming section 565.02(4), Florida
Statutes. The distance shall be measured as the shortest linear distance
between the property line of the establishment which provides or proposes to
provide for the sale and consumption of alcoholic beverages and the property
line of the church, school grounds or playground.
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(B) Within 300 feet inland of the mean high -water line of the Atlantic
Ocean or of the Banana River. The distance shall be measured as the shortest
linear distance between the property line of the establishment which provides
or proposes to provide for the sale and consumption of alcoholic beverages
and the mean high -water line of the Atlantic Ocean or of the Banana River.
Restaurants shall not be subject to the limitations set forth in this subsection
(B).
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on- premises consumption of beverages, shall not be located within
1 2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverage laws (F.S. chs. 561 through 568). Restaurants;
) hotels and motels approved in accordance with the City Code; and chapters or
incorporated clubs or veterans's fraternal organizations conforming to section
565.02(4), Florida Statutes, shall not be subject to the distance requirements of this
I subsection (2). • .. • , . , - - . .
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a. R., ,catiug 150 ui mui p I nini.
1,. II0t.,ln and iinrtcl6 whirl, air appiuVcd in a..cuidan.,C with City Cudc.
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c. Rtauiaut licii.,d by tlir slat., diVibiUii of alcoholic bewia and
tobaC.,., fin iiialt Lcrciag., unily in malt bvvviagvb and wiIC only, piovidcd
tin.. fullu,`v ilig ai....uiiiplied with.
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1. The wtabliJluu Jliall lravc tlly .,apaL.ity foi and ha'c in
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1 operatioir
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City of Cape Canaveral
1 Ordinance No. 02 -2012
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I 2. Cu11SL11ript1 11 of fwd and rllalt b.,v1 agLJ Tall be o11 pi �u1ineS
, .11 .. • • • _ •
permitted. I urth.1, in a.. o11a11cc with F . law, e11c t11nvakd
1111 . •• . . -
• • - • • . - • • . • 11
1 11 - • O. lad . • • 1 . •• • 1 11 • 1 - - ■
:. . _ .1 , , 1 � , • 1 11 . 1 . 1
consuiliud bunk of Wu1., to be 1cinovcd flotu t11., pi GLOMS 11mA L
1 - . 1 • 1 1 . • 1 1 . • . • 1
. V - - - - • . • 1 V. . • .:: . 1 1 • :
• •• -
:1111:
•
. 1111 1111 • 1111 . • • . . I. 1
.. . •• • . 1 CO - • - . . _ 1 . •. 1 • •
- - . 1 • . 1 1 1 • . • •. 1 • . .
• _ : 1111 5 5 5 • . . • 5 .: , • • . 1 1 , . • •
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• • . _ • . • . . • • 5 1 1 1 1 1 •• . • 1 .
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3. A 1cstaal lictilr3■..d uu.1..1 t111 .,2o..4.ptio11 shall not d 1u ��
_ . 1111. . .• ., 1111 . . 11 . . • .
. • _ 1 I 11 1 11 1 • 1 5 . - • • - 1 - . - - -
a continuin obli It 13 a Violation of this LO11111g ..o.hv to 3..11
win. a . — 1d malt malt 17cv� raga. _ • • . . •
1 • . .1. . . 1 . 1 1 . - • - . • • _ - . •
1 . 1 • • • • • Z. _ . • ■ • - • • .
1 111 . 1 V. VI • : • 1 • •
]nGVloas 12- 1no11t11 1rliod. In a.,lcluwl.,d of this .,ontinaing
ubli and as a .,o11ditioli 1,leccdoit to tin, i��ua11..., of a :::
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b the Lay, w 1 hik.. will att.,Nt and Cu'C11a11t to the owlicr's ..olnphalr..,
4 with the piovisiolls of this subse.,tion. The oW11C1 Shall ahu rvtailr
• •• 11 • .• - . - • .. - - . 41 • • •
. • 1 1 9 . 1 . 1 • 1 • 1 :111 1 1 •. • . 1
5 . • _ .
11 11 . , . .. . • 5 • • • • • • 5
1 1 • •• • 1 : • • 41 _ 9 . 1 1 1 5 . . . . ,
t111 b.,.,tiu11. TlhG iL,taulant, if adv.,l11b.,d, shall Lc adv t1JGd aun111.,1d
.. . • . . - . . • . • •• - - • - • . O. . • 1 - • ..
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1 4. Salmi ur ..u11bu111pt1u11 of Malt 1.A..r..1ag..a and v'i11., shall L.,
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1 Ordinance No. 02 -2012
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lirrrit.,d to tlry trim., p1/4,n iod sct by chapter 6.
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1,onrfonrrrnnrg tu F.S. § 565.02(4).
(3) Package retail sales of alcoholic beverages for carryout, except for beer and
wine sales, shall comply with subsections (a)(1); and (a)(4), (a)(5)a.3. acid (a)(5)a.5.
of this section only
(4) One parking space shall be provided for each three seats or seating places. All
seats or seating places, whether located within a restaurant area or a bar /lounge area,
will be included in the calculation of the required number of parking spaces. Package
retail sales establishments shall provide parking as determined by the building
official, who shall use the ratios established in article IX of this chapter.
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(5) Each application for a special exception shall be accompanied by a vi.,iinity
iiiap, a site plan map and a building floor plan.
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a. Tln., Ji.,innity nnnap Tall b., dnavvnn at a �.,alc of.,il., ill.,h .,.lu t
als 400 fc1
1. The uatc,. boanidan y of the viczniity map, whi.,ln Shall L., at Iva3t
2,500 fect fium tln., �viitiuid oftLv i nupo3.Al v3tabli3liiii,ut'3 piop.,ity.
2. Luvatiuu of all vxitiii publi., Jtrv.,tb Ldvw tln., plu
.,3 tabli,lnnnn.,nnt and utln.,n .,J tab11J1nn1n.,n1t, annd land ua.•J a3 d.,3.,niLvd ;if
suL3v, tiou3 (a)(1) and (a)(2) of this sci- tiuii.
3. Luvatiuii „f all vxi3tin vLui.,ln.,3, .,hu.,l giouhid, 01 • I .
1 .' - . - - - . . ... - . .. - • - . . _ .. . .
of this sccti.,ni.
4. Lu.,atiou of all .,6tabli3lniA dit3 li.,.,ine.l by the 3tatc division
of alvuhuli., bevera and tobacco, iiicludiil packs c ictail salcs,
di3tau., tu tLv piuy03vd e3tablisliaiiit affixed per sabscctio,n (a)(2)
uf this set.tioni.
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pup qty uf tlnc piuposcd .,stablishm,rt shall be inndiLat.,d.
a. 1/7 The site plan map shall be drawn at a scale not less than one inch
equals 100 feet and shall indicate the following information:
City of Cape Canaveral
Ordinance No. 02 -2012
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1. Location and dimension of the proposed establishment's
property lines, all existing and proposed structures, driveways,
parking spaces and ingress /egress points.
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2. The following information shall be presented in tabulated
form:
I. Number of parking spaces.
ii. Number of restaurant seats.
iii. Number of bar /lounge seats.
iv. Building area
v. Lot area.
b. c The building floor plan shall be of a scale appropriate for the
establishment, but in no case shall the scale be less than one - eighth inch
equals one foot and shall detail room layouts and exits to include a depiction
of all seats inside or outside of the building for restaurant and bar /lounge.
(b) Any special exception granted under this section may be temporarily suspended or
absolutely revoked by majority vote of the board of adjustment at a public hearing, when the
board of adjustment has determined by competent substantial evidence that either:
(1) The establishment has obtained the special exception upon false statements,
fraud, deceit, misleading statements, or suppression of material facts;
(2) The establishment has committed substantial violations of the terms and
conditions on which the special exception was granted;
(3) The establishment no longer meets the requirements of this section or the
Florida Beverage Code; or
(4) The management of the establishment knowingly allowed illegal activities to
be conducted on the premises including, but not limited to, possession or sale of
illegal substances, racketeering, prostitution, lewd and lascivious behavior, and
unlawful gambling; or
Oj The management knowingly allowed the establishment to become a nuisance
because of chronic, habitual or ongoing violations of law, including the city code.
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Prior to any special exception being revoked, the establishment shall be provided
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with minimum due process including notice of the grounds for revocation and
hearing date, an opportunity to be heard, the right to present evidence, and the right
to cross - examine adverse witnesses.
.,) Fur u,i- picinic .,uinuuipliuii of liquors, i.Acluaiit, or co.,ktail lua,. liall have
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
1 errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADO VIDAI1 r a,city Council of the City of Cape Canaveral, Florida, this 20th day of
March, ' DM.
, , -. =.-i.",,,„ C C—VOLAAQJaa_.
i--' ", a Rocky Rande s, Mayor
ATTESu'1' For Against
;l John Bond Motion
AN L APP1 , City Clerk Bob Hoog X
Buzz Petsos X
Rocky Randels X
Betty Walsh Second
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First Reading: February 21, 2012
Legal Ad published: February 24, 2012
Second Reading: March 20, 2012
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Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
*14Act.---e--'
ANTHONY A. GARGA&Z City Attorney
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City of Cape Canaveral
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